The Role of the 5th Amendment

Subject: 🗳️ Politics
Type: Evaluation Essay
Pages: 4
Word count: 855
Topics: Constitution, Law Enforcement
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The 5th Amendment stipulates rights relevant to civil and criminal proceedings in the United States Constitution. It guarantees that no one can be subjected to punishment without due process and that everyone has the right to the assistance of counsel in the event they are arrested. This protection is a mainstay of American justice, where a person has a right to a grand jury, provides protection against self-incrimination, and forbids double jeopardy. Also, when the government takes private property for public use, the citizen must be compensated. While the United States Constitution protects citizens, the Fifth Amendment explicitly provides fair treatment by protecting against self-incrimination, double jeopardy, and the right to a grand jury.

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Double Jeopardy

The 5th Amendment refers to the Constitutional prohibition against making a person face criminal charges for offenses that have already been punished, also known as Double Jeopardy (Hayat, 2021). A person charged with a criminal offense must not be subject to subsequent suffering. Therefore, it is unconstitutional for the government to charge someone with a crime and then charge them afresh after the first acquittal. Double jeopardy also protects individuals from psychological, emotional, financial, and physical troubles that would follow multiple trials. Thus, the government cannot find another way to punish an individual after a trial. However, the government can charge them with a new crime if new evidence is discovered.


It refers to the principle that citizens have a right not to incriminate themselves when testifying in a court of law. This ability means that if there is substantial evidence against them and they are charged with a crime, they do not have to provide statements or testify against themselves (Sacharoff, 2018). Instead, they can stand in the court as “the defendant” and state innocence or guilt on their behalf without revealing any information or testimony. It prevents the government from forcing an individual against their wishes to stand trial for crimes they have not committed. The Amendment also prevents the government from punishing individuals for refusing to testify against themselves in a court case. This option is sometimes known as “taking the Fifth” or “pleading the Fifth, ” meaning they do not wish to incriminate themselves.

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Grand Juries

The 5th Amendment states the grand jury’s power as a form of protection against double jeopardy. A grand jury is a group of citizens whose purpose is to investigate suspected crimes and bring forth evidence against an accused. The Fifth Amendment speaks extensively about what constitutes due process that must be undertaken against an individual by the government (Wuerth, 2019). Due process has been interpreted as imposing on the state a duty to ensure criminal prosecution does not violate some constitutional or statutory guarantee of fundamental fairness in a grand jury. The state generally must exercise reasonable care to prevent violations of due process rights, provide due process when it arrests and detains individuals, and use evidence. The government also has to prevent private parties from violating due process.

Due Process Clause

The Fifth Amendment’s due process clause states that no person shall be deprived of life, liberty, or property without due process of law. This clause holds that the government cannot arbitrarily take away a person’s life, liberty, or property. Also, the government cannot take away an individual’s life or liberty without a fair trial in front of a jury (Zolfo, 2018). Additionally, protection against the government interfering with citizens’ rights to life and liberty is another clause declaring that private citizens cannot interfere with one another’s rights. Under this clause, a court must consider procedural and substantial due process. Both of these aspects go hand in hand when deciding whether or not a person’s rights were violated. Procedural due process refers to the procedures and processes the government must legally follow when depriving a person of their life, liberty, or property through a criminal trial (Lawson, 2017). Also, procedural due process is generally about fairness. There are certain legal proceedings where procedural due process applies and other cases where it does not apply equally. Substantive due process is provided by both the 4th and the 5th Amendments that protect individuals’ fundamental rights from government interference. To ensure that the government does not abuse its authority, the Constitution requires it to respect the rights of individuals against unlawful government infringement.


While the United States Constitution protects citizens, the Fifth Amendment explicitly provides fair treatment by protecting against self-incrimination, double jeopardy, and the right to a grand jury. It protects citizens from the government by letting them know that they cannot be charged for crimes multiple times, and it also lets them know that they have to have a representative speak for them in court if they are accused of a crime. The 5th Amendment also states that if the government feels its citizens have committed a crime, it can take them to trial before a judge and jury. The Fifth Amendment protects individuals from the government’s unfair treatment of their lives. Additionally, it prevents the government from charging someone with crimes they did not commit. It also prevents the government from punishing individuals for refusing to testify against themselves in court cases.

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  1. Hayat, F. N. (2021). Killing due process: Double jeopardy, white supremacy and gang prosecutions. UCLA Law Review.
  2. Lawson, G. (2017). Take the Fifth…Please!: The original insignificance of the Fifth Amendment’s due process of law clause. BYU Law Review, 2017(3).
  3. Sacharoff, L. (2018). Unlocking the Fifth Amendment: Passwords and encrypted devices. Fordham L. Rev.87, 203.
  4. Wuerth, I. (2019). The due process and other constitutional rights of foreign nations. Fordham L. Rev.88, 633.
  5. Zolfo, M. (2018). Commitment through fear: Mandatory jury trials and substantive due process violations in the civil commitment of sex offenders in Illinois. Chi.-Kent L. Rev.93, 593.
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